Q: Our land survey shows neighbors driveway extends onto our property. How to proceed?
They are original owners of home since 1998. We moved in our home in 2011
A:
It depends on how far the driveway extends onto your property. If it is such a small amount that you don't mind giving up that slice of your property, show the survey to the neighbors and offer to give them a deed (yes, give it to them) to the minimum amount of your land necessary for their driveway to comply with local setback requirements, as long as they pay the expense of having a lawyer draft the deed and pay to record the deed. If you hold out for payment for an insignificant piece of land, the stench of a bad relationship with your neighbor will remain long after the sweet smell of the money is gone.
If it's a larger slice of your property, your options are: (A)give it to them anyway (same as above), (B)sell them an easement to allo the driveway to remain on your land, (C)sell them that slice of your land, or (D)sue your neighbor in the hope a court will require them to remove the driveway.
Before you do any of the above, have a lawyer research the possibility the neighbor has a right to have his driveway there due to an easement, a license, or some other reason. Whatever you do, do it quickly. If they've been using the driveway for 20 years or more, and the circumstances are just right, you may not be able to do anything about it no matter how much of your land it occupies. See a lawyer on Monday. I repeat, Monday.
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